Fiance Visa while already in US?

[Nate & Dina 1]

Hello,

My girlfriend is already in the US on a work/student exchange visa, which is about to expire on the 26th of September. We are trying to figure out some ways in which she will be able to stay a little bit longer before we decide to marry. I was wondering if the Fiance visa is only for those who are outside of the country, and need to be brought over? Can we do the fiance visa, while she's already here in the country? If not, what are our options as far as being able to help her stay here past the 26th of September? I really don't want her to leave back to Russia.

Thanks in advance.

[Stephen + Elisha 92]

A fiance visa will not keep her here any longer. You can file for it while she's here in the country, but it will not extend her status of stay. In addition, when the petition is approved, she will have to interview at the US consulate in her country in order to be issued the visa.

As far as letting her stay longer, I don't think you really have many options aside from marrying (at least civilly) and filing for adjustment of status.

[Nate & Dina 1]

A fiance visa will not keep her here any longer. You can file for it while she's here in the country, but it will not extend her status of stay. In addition, when the petition is approved, she will have to interview at the US consulate in her country in order to be issued the visa.

As far as letting her stay longer, I don't think you really have many options aside from marrying (at least civilly) and filing for adjustment of status.

Thank you very much for the quick reply. I'm not familiar with anything related to the visa process, so i'm grateful for any help i may receive here. I have a question about marriage. If we do decide to just go ahead and marry, will it be considered a legal marriage? Meaning, will she be allowed to stay?

[payxibka 10,045]

visas are issued abroad... no such thing as a domestic visa because a visa is a document that gives an alien permission to seek entry at the border.... if you are already here then a visa is not what you need

what you want is either an extention of her existing status or a change to a different status. As a fiancee there are not many options to adjust to

the act of marriage does NOT provide her automatic status... you would need to adjust her status to permanent resident via the I-130 & I-485

Edited August 11, 2009 by payxibka

[Nate & Dina 1]

visas are issued abroad... no such thing as a domestic visa because a visa is a document that gives an alien permission to seek entry at the border.... if you are already here then a visa is not what you need

what you want is either an extention of her existing status or a change to a different status. As a fiancee there are not many options to adjust to

the act of marriage does NOT provide her automatic status... you would need to adjust her status to permanent resident via the I-130 & I-485

Wow, okay. I'm learning a lot here already. So after marriage, i would have to get an adjustment of status for her so that she can be a resident, which will allow her to work and leave the country i think?

She is currently trying to get something called a B-2 visa, which she says will give her an additional 6 months in the country, but which will not allow her to work legally in the country because it is considered a tourist type of visa. We were both wondering if this B-2 visa is legal? There is a woman who is trying to sell this B-2 visa to her for $500 dollars. I was wondering if the whole thing is a scam of some sort?

Edited August 11, 2009 by Bryant25

[payxibka 10,045]

Wow, okay. I'm learning a lot here already. Thank you. So after marriage, i would have to get an adjustment of status for her so that she can be a resident, which will allow her to work and leave the country i think?

She is currently trying to get something called a B-2 visa, which she says will give her an additional 6 months in the country, but which will not allow her to work legally in the country because it is considered a tourist type of visa. We were both wondering if this B-2 visa is legal? There is a woman who is trying to sell this B-2 visa to her for $500 dollars. I was wondering if the whole thing is a scam of some sort?

I have a spare B-2 VISA lying arounf the house that I was hoping to sell on eBay.... I sell it to her for $250....

A B-2 VISA is issued by the conulate and is NOT transferable... If you pay it you will be parted with only your money...

Again, she does NOT need a VISA....

[rsn 135]

There is a woman who is trying to sell this B-2 visa to her for $500 dollars. I was wondering if the whole thing is a scam of some sort?

I will bet my life savings that this is illegal and/or a scam. You cannot "buy" a visa.

[baron555 934]

visas are issued abroad... no such thing as a domestic visa because a visa is a document that gives an alien permission to seek entry at the border.... if you are already here then a visa is not what you need

what you want is either an extention of her existing status or a change to a different status. As a fiancee there are not many options to adjust to

the act of marriage does NOT provide her automatic status... you would need to adjust her status to permanent resident via the I-130 & I-485

Wow, okay. I'm learning a lot here already. So after marriage, i would have to get an adjustment of status for her so that she can be a resident, which will allow her to work and leave the country i think?

She is currently trying to get something called a B-2 visa, which she says will give her an additional 6 months in the country, but which will not allow her to work legally in the country because it is considered a tourist type of visa. We were both wondering if this B-2 visa is legal? There is a woman who is trying to sell this B-2 visa to her for $500 dollars. I was wondering if the whole thing is a scam of some sort?

Visas are issued by the US Embassy in her coiuntry or from the NVC; you can not buy one (legally) from someone.

You can marry her and then try to AOS her but then again, she came here on a student visa and now she marries and wants to stay. You would have to prove the relatonship and marriage is bonafide at the AOS interview, or else they can deny the AOS and send her back.

Read the Guides at the top of this page and the upper right has a link to these acrynoms we use here.

Sounds like she should return to her country and you file for a K-1 or you marry her, then she returns and you file for a K-3 or CR-1.

If you buy this illegal visa, she will still go out of status in the USCIS system and then risk a 3-5 year ban.

[Nate & Dina 1]

Thank you. I will read all the faqs/guides at the top which will hopefully give me a greater understanding of everyting.

Edited August 11, 2009 by Bryant25

[payxibka 10,045]

I asume she is here as a J-1

I do NOT think it is possible to adjust to B-1/2

[Nate & Dina 1]

I asume she is here as a J-1

I do NOT think it is possible to adjust to B-1/2

Yes, she is here as J-1. I was hoping that she would be able to adjust it to B-2 tourist, but it sounds like she might not be able to.

[payxibka 10,045]

if it was possible to change to B1/2 (which I still think it is not) the form would be the I-539... Under certain situation the J-1 can be extended..

http://www.uscis.gov/files/form/i-539instr.pdf

[payxibka 10,045]

Sounds like she should return to her country and you file for a K-1 or you marry her, then she returns and you file for a K-3 or CR-1.

or if he marries her before she leaves, then she can stay and adjust status to resident from inside the USA....

I am moving this to general discussion forum as it is obvious that a K-1 visa is not the viable option for the OP at present

Edited August 11, 2009 by payxibka

[summerspring 0]

Hello,

My girlfriend is already in the US on a work/student exchange visa, which is about to expire on the 26th of September. We are trying to figure out some ways in which she will be able to stay a little bit longer before we decide to marry. I was wondering if the Fiance visa is only for those who are outside of the country, and need to be brought over? Can we do the fiance visa, while she's already here in the country? If not, what are our options as far as being able to help her stay here past the 26th of September? I really don't want her to leave back to Russia.

Thanks in advance.

I was carrying J-1 visa as well. But then, I got accepted to a school in US so I filed the change of status myself to F1 and I got the approval in 3 months. It's all simple and easy for the change of status. If she is not interested in pursing tertiary education, another option will be those English language school which will be able to give her 6 months or 8 months students visa. Those schools will help her in the F1 student visa process. But of course, gotta pay for school fees, then. But personally, I think this is the easiest way fo sr and I myself been through this.

Think about it.

[Old Dominion 26]

If the two of you are not prepared to marry by the time her visa expires, she will need to return to Russia and wait until she obtains the K1 fiance visa. If you do marry while she is here, then you will file for the AOS (green card) and the receipt for your filing (NOA1) will be used to show that she is legally here until the application for AOS is acted upon. The marriage must be bona fide, not just on paper.